Transgender TSA Officer Battles Trump Rule

Wooden transgender symbol and couple figures on blue background.

A new policy threatens to redefine federal employment practices, sparking a legal battle over transgender rights and privacy at airports.

Story Highlights

A transgender TSA officer has filed a lawsuit challenging a new policy.
The policy requires pat-downs to be conducted based on biological sex.
The Trump administration defends the policy as protecting passenger privacy.
The case is one of the first legal challenges to Trump’s gender policy.

Transgender TSA Officer Challenges Policy in Court

Danielle Mittereder, a transgender TSA officer at Dulles International Airport, has launched a legal challenge against the Department of Homeland Security. Mittereder argues that a new policy prohibiting transgender employees from conducting pat-downs on passengers based on their gender identity is discriminatory. The policy, implemented in February 2025, requires officers to perform pat-downs according to their and the passenger’s biological sex.

The lawsuit, filed in late 2025, contests the restrictions as an unfair employment practice that prevents qualified officers from executing essential job functions solely due to their transgender status. Mittereder’s attorney, Jonathan Puth, has labeled the policy as “terribly demeaning and 100% illegal,” emphasizing the impact on transgender employees’ rights.

The policy emerged from a January 2025 executive order by President Trump, titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive mandated the federal government to recognize only biological sex. The Department of Homeland Security subsequently updated conduct guidelines for TSA operations, aligning with this mandate.

Trump Administration’s Defense of the Policy

The Trump administration and DHS frame the policy as a necessary measure to ensure passenger privacy and comfort during security screenings. DHS spokesperson Tricia McLaughlin has defended the policy, questioning whether passengers should be subjected to pat-downs by officers of a different biological sex. This perspective aligns with long-standing TSA practices, according to TSA spokesman Russell Read.

The administration contends that recognizing biological sex ensures operational integrity and security by maintaining privacy standards for passengers. This policy reflects a reversal from the previous administration’s approach, which allowed officers to perform duties based on their gender identity.

Legal and Social Implications of the Case

The lawsuit is in its early stages, with no court rulings reported as of December 2025. The case is significant as it represents one of the first direct legal challenges to the Trump administration’s gender policy within federal employment. The outcome could set a legal precedent for how federal courts interpret transgender employment rights under current policies.

The implications of the case extend beyond individual employment rights. If upheld, the policy may affect scheduling and duty assignments within the TSA, impacting job satisfaction and career advancement for transgender officers nationwide. Additionally, the broader legal landscape regarding transgender rights in employment and public-facing roles could be influenced by the court’s decision.

Ultimately, the case highlights the ongoing tension between transgender rights and privacy considerations in federal operations. As the lawsuit progresses, it will be closely watched by stakeholders on both sides of the debate, potentially influencing future policy decisions and legal standards.